Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Gambling manager license
required.
A person may not act as a gambling manager unless the person
has obtained a license issued by the board. The license, when issued, is not
transferable from one person to another.
Subp. 2.
Gambling manager licensing
qualifications.
In addition to the qualifications in Minnesota Statutes,
sections
349.155,
subdivision 3, and 349.167, a person does not qualify for a new or continuing
license if the person is any of the following:
A. the lessor, an employee of the lessor, a
member of the lessor's immediate family, or a person residing in the same
residence as the lessor, if the premises is leased;
B. a person who is not an active member of
the organization;
C. a person who
is the chief executive officer or the treasurer of the organization or to a
person who was an officer of an organization at a time when an offense occurred
that caused that organization's license to be revoked; or
D. a person who is the gambling manager or an
assistant gambling manager for another organization.
Subp. 3.
Education requirements.
A. To qualify for a continuing license the
gambling manager must complete a continuing education class or complete the
seminar required for initial gambling manager licensure by the end of each
calendar year as required by Minnesota Statutes, section
349.167,
subdivision 4.
B. Proof of
identification is required for persons taking a gambling manager examination.
Attendees at board-authorized seminars and continuing education classes must be
prepared to present as proof of identification a valid drivers license or
identification card issued by Minnesota, or a state or province of Canada
contiguous to Minnesota, that contains the persons photograph and date of
birth.
Subp. 4.
Contents of gambling manager license application.
The application must contain the following information for the
person who will be the gambling manager:
A. name, date of birth, and Social Security
number;
B. home address and daytime
telephone number;
C. date the
person became a member of the organization;
D. organization's name, address, and
telephone number and name of the chief executive officer;
E. dates of attendance at the
board-authorized gambling manager's seminar;
F. name of the provider and contract number
for the bond required by Minnesota Statutes, section
349.167,
subdivision 1, paragraph (a);
G.
statement that the applicant is in compliance with the licensing qualifications
in subpart
2;
H. acknowledgment that suits and actions
related to the gambling manager's license, or acts or omissions, may be
commenced against the gambling manager;
I. acknowledgment authorizing the Departments
of Public Safety and Revenue to conduct a criminal background and tax check or
review;
J. acknowledgment regarding
the education requirements of subpart
3; and
K. signature of the gambling manager and the
chief executive officer of the organization.
Subp. 5.
Changes in gambling manager
license application information.
If any information submitted in the application changes, the
gambling manager must notify the board no later than ten days after the change
has taken effect.
Subp. 6.
Issuing or denying a gambling manager license; license for an emergency
gambling manager.
The following items apply to a gambling manager license issued
or denied by the board:
A. The board
must issue a license to a person who:
(1)
submits the information required in the gambling manager application;
(2) pays the fee as provided in Minnesota
Statutes, section
349.167,
subdivision 2; and
(3) is eligible
to receive a license under subpart
2.
B. The board must deny the application if:
(1) a person is ineligible under subpart
2;
(2) the person failed to submit the
information required by subpart
4 and the application remains
incomplete for more than 90 days after it was received by the board;
and
(3) the organization that
employs the gambling manager is not licensed, failed to meet the qualifications
of part
7861.0220, subpart
2, or has a lapsed license
according to Minnesota Statutes, section
349.16,
subdivision 3a.
When the board determines that an application must be denied,
the board must promptly give a written notice to the licensee. The notice must
contain the grounds for the action and reasonable notice of the rights of the
licensee to request an appeal under part
7865.0260, subpart
2.
C. A gambling manager whose
application was denied for failing to comply with this part may not apply for a
license or for an emergency replacement gambling manager's license. The person
may apply for a new gambling manager's license if the person attended the
board-authorized gambling manager's seminar and passed the examination within
the six months immediately preceding the effective date of the new
license.
D. If a gambling manager
quits, dies, or is unable to perform the duties, the organization, to continue
its conduct of lawful gambling, must comply with Minnesota Statutes, section
349.167,
subdivision 2, paragraph (d), for an emergency replacement gambling manager or
otherwise discontinue its operation until the organization complies with
Minnesota Statutes, section
349.167,
subdivision 2, paragraph (e).
E.
All fees submitted with a license application are considered earned and are not
refundable.
Subp. 7.
Effective date of gambling manager license.
A gambling manager license issued by the board is effective on
the first day of a month or as otherwise determined by the board.
Subp. 8.
Gambling manager
duties.
A gambling manager's duties include but are not limited
to:
A. determining the product to be
purchased and put into play;
B.
reviewing and monitoring the conduct of games;
C. supervising, hiring, firing, and
disciplining all gambling employees;
D. ensuring that all receipts and
disbursements have been properly accounted for in compliance with statute and
rule requirements;
E. ensuring that
all inventory records have been reconciled each month;
F. supervising all licensing and reporting
requirements;
G. assuring that the
licensed organization is in compliance with all laws and rules related to
lawful gambling;
H. assuring that
illegal gambling is not conducted at any premises where the organization is
permitted to conduct lawful gambling; and
I. attending a majority of the regular
meetings of the organization.
Subp.
9.
Assistant gambling manager duties and
restrictions.
The following items apply to assistant gambling
managers.
A. An assistant gambling
manager is a person who performs any of the following duties:
(1) six or more of the functional
responsibilities as defined in part
7861.0320, subpart
1, item F;
(2) hiring, disciplining, or firing gambling
employees;
(3) completing the
license and permit application requirements;
(4) negotiating leases; or
(5) determining product to be
purchased.
B. An
organization may employ one or more assistant gambling managers if:
(1) each assistant gambling manager is under
the direct supervision of the organization's gambling manager;
(2) each assistant gambling manager is an
active member or employee of the organization; and
(3) each assistant gambling manager does not
participate in the conduct of lawful gambling for more than one organization
except as allowed under item C.
C. An assistant gambling manager may be
employed by more than one organization if the organizations lease space for the
conduct of bingo in the same permitted premises, and the assistant gambling
manager is not compensated directly or indirectly by the owner or lessor of the
premises.
(1) Assistant gambling managers
employed by more than one organization under this item may supervise gambling
employees of organizations during bingo occasions and assist gambling managers
with the duties contained in subpart
8.
(2) Assistant gambling managers employed by
more than one organization under this item must not:
(a) supervise licensing and reporting
requirements as required by statute and rule for the organization;
(b) hire, fire, or impose permanent
discipline on gambling employees of the organization, except for temporary
disciplinary action that may be necessary during a bingo occasion. If temporary
disciplinary action is taken, the assistant gambling manager may make a
recommendation to the gambling manager regarding permanent disciplinary
action;
(c) determine the program
content or prize level requirements for the organization;
(d) determine the product to be purchased and
put into play;
(e) be a gambling
employee or volunteer at any other site where the organization conducts lawful
gambling; or
(f) be a gambling
employee or volunteer for any other organization conducting lawful gambling at
another site.
Nothing in this item diminishes the responsibilities and
ultimate supervisory authority of a gambling manager contained in subpart
8.
D. A license is not
required for an assistant gambling manager.
Statutory Authority: MS s
14.055;
349.12;
349.151;
349.154;
349.155;
349.16;
349.162;
349.163;
349.1635;
349.165;
349.166;
349.167;
349.169;
349.17;
349.1711;
349.1721;
349.173;
349.19;
349.191;
349.211
